Case
Hajrizi Dzemajl et al., 161/2000
Nationality and country of removal
if applicable
Yugoslav
Views adopted on
21 November 2002
Issues and violations found
Burning and destruction of houses, failure
to investigate and failure to provide
compensation - articles 16, paragraph 1, 12 and 136
Interim measures granted and State party
response
None
Remedy recommended
Urges the State party to conduct a proper
investigation into the facts that occurred on
15 April 1995, prosecute and punish the persons
responsible for those acts and provide the
complainants with redress, including fair and
adequate compensation
Due date for State party response
None
Date of reply
See CAT/C/32/FU/1
State party response
Ongoing
See first follow-up report (CAT/C/32/FU/1).
Following the thirty-third session and while
welcoming the State party’s provision of
compensation to the complainants for the violations
found, the Committee considered that the State party
should be reminded of its obligation to conduct a
proper investigation into the case.
Author’s response
None
6
Regarding article 14, the Committee declared that article 16, paragraph 1, of the Convention
does not mention article 14 of the Convention. Nevertheless, article 14 of the Convention does
not mean that the State party is not obliged to grant redress and fair and adequate compensation
to the victim of an act in breach of article 16 of the Convention. The positive obligations that
flow from the first sentence of article 16 of the Convention include an obligation to grant redress
and compensate the victims of an act in breach of that provision. The Committee is therefore of
the view that the State party has failed to observe its obligations under article 16 of the
Convention by failing to enable the complainants to obtain redress and to provide them with fair
and adequate compensation.
99
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